STATE OF MANIPUR Vs. SORAISAM GOBIN SINGH

JUDGEMENT

(1.) Heard Mr. Lenin Hijam, Ld. Addl. AG for the applicants/petitioners and Mr. Irom Denning, Ld. counsel for the respondent.

(2.) The State has filed these two miscellaneous cases under Section 8 of the Arbitration and Conciliation Act, 1996 seeking to dismiss the writ petitions being W.P.(C) Nos.6 and 7 of 2021 pending on the file of this Court filed by the respondent-writ petitioner stating that there is a binding contract between the respondent-writ petitioner and the Arbitrator and any dispute arising out of the contract shall be settled through arbitration by an Arbitrator appointed by the State Government.

(3.) The learned Additional Advocate General for the State submitted that the respondent-writ petitioner filed the writ petitions without exhausting their remedies before the arbitration and therefore, this Court has no jurisdiction to entertain the writ petitions. Drawing attention to the arbitration clause contained in the agreement dated 19.03.2020 entered between the respondent-writ petitioner and the State, the learned Additional Advocate General contended that when Clause 6 of the agreement specifically states that in the event any dispute arising out of the agreement, the matter shall be settled through arbitration by an Arbitrator to be appointed by the State Government. Thus, the learned Additional Advocate General submitted that in the instant case, the respondent-writ petitioners have filed the writ petitions without invoking the arbitration and hence, the writ petitions of the respondent-writ petitioner are not maintainable before this Court.